While this law is set out in its entirety at M.G.L. c. 149, § 24L, the following are a few provisions of note for employees:

• If the agreement is entered into prior to the start of employment, it must be in writing, signed by both parties, and provided to the employee at the formal offer of employment or 10 business days prior to the start of employment;
• If the agreement is entered into during employment, it must be supported by fair and reasonable consideration other than continued employment;
• The agreement must not be broader than necessary to protect the employer’s trade secrets, confidential information or goodwill;
• The restricted period must not exceed 12 months from the end of employment in most cases;
• The agreement must be reasonable in geographic reach, or limited to the geographical area where the employee provided services in the last 2 years of employment;
• The agreement must be reasonable in scope, or limited to the types of services provided by the employee in the last 2 years of employment;
• The agreement must be supported by a garden leave clause in most cases, where the employee receives payment of at least 50% of his/her highest annualized base salary paid withing the last 2 years of employment;
• There can be no agreements with non-exempt employees, under-graduate/graduate students in internships, employees that were terminated without cause or laid off, and employees under the age of 18.
• The agreement can not contain a choice of law provision that would avoid the requirements set forth by the new law.

Before signing any agreement, it is important to understand the effects that agreement may have on your future ability to obtain employment. Contact us if you have any questions.

The Class Actions Labor Employment Law panel Philip Gordon session explored how multi-claim workforce cases are reshaping labor law discourse, statutory interpretation, hiring-framework compliance architecture, evidence-chain defensibility, and retaliation-risk governance in employee pay and protected-class claims.

Core Themes Covered in the Panel

The panel analyzed legal questions including:

• Whether class action waivers interfere with labor rights protections
• How arbitration clauses may restrict collective remedies
• Retaliation doctrine when employees engage in protected, concerted activity
• Burden-shifting frameworks when corporate records lack transparency
• Subsidiary or contractor chains that fragment employer accountability
• Documentation duties that preserve claim-evidence durability
• Public-policy pressure to reform pay-accountability gaps

Philip Gordon emphasized that class litigation isn’t only about verdict size — it’s about whether companies and municipalities are able to trace and justify hiring or pay decisions through durable legal frameworks. Courts increasingly examine evidence pathways, motive records, retaliation risk, policy durability, and statutory structural fairness.

Why Class Actions Law is a Pivotal Issue Today

Workforce class actions carry higher legal complexity than individual disputes because they involve:

1. System-wide governance, not single claims
2. Economic damages at scale
3. Public and institutional accountability
4. Shifting ideology around arbitration and collective rights

The 37th Annual Labor and Employment Law Spring Conference panel Philip Gordon helped frame these discussions for both worker advocates and employer counsel, underlining that hiring documentation and pay-compliance architecture must survive litigation scrutiny.

Philip Gordon Co-Chairs the panel on class actions at the 37th Annual Labor and Employment Law Spring Conference of Massachusetts Bar Association on May 6, 2016 (View Article)

The Massachusetts Independent Contractor Statute

Under the Massachusetts Independent Contractor statute, there is a presumption that all workers are employees, unless three conditions exist:

• The worker exercises discretion and control over the manner in which he performs work duties;
• Work responsibilities occur outside of the employer’s normal course of business; and
• The worker independently engages in a trade that is similar to the work performed.

When applying this statute to the Sebago case, the Court ruled in favor of Boston Cab, finding that all conditions were met. The taxicab drivers followed regulations set by local codes, not the medallion owners. The drivers did not pay any percentage of their earnings to the medallion owners, and therefore, the success of the owners is not dependent on the success of the drivers. And, lastly, the drivers operated a business separate from the owners, which is evidenced by their ability to lease medallions from any owner and use any dispatch service they chose.

If you have questions about an independent contractor classification, reach out to our office today to speak with an experienced attorney.

For now, there are currently five bills before the Legislation that seek to eliminate or greatly limit these agreements in the workplace.

• Two bills seek to ban most noncompete and nonsolicitation agreements, while allowing nondisclosure agreements.
• Two bills only seek to ban noncompete agreements, with no consideration to nonsolicitation and nondisclosure agreements. These bills also do not seek to make retroactive changes that would affect previously executed agreements.
• One bill seeks to ban all workplace restrictive covenant agreements entirely and retroactively.

The Massachusetts Joint Committee on Labor and Workforce Development is expected to meet in June to consider the various proposals.

If you have concerns about a noncompete agreement, contact our attorneys today for professional assistance.

Employees excepted from the requirement include:

• workers in rehabilitation or training with charitable, religious or educational institutions;
• agricultural workers;
• professionals; and
• outside salespersons.

The minimum wage applicable for agricultural workers is $8 per hour. Employers are required to pay this rate unless workers are under the age of 18 years old, or are members of the employer’s immediate family.

Service Rate Increases

Services workers – such as waiters, waitresses, bartenders, and other service employees – also receive an increase under the legislation. These changes may apply to wait staff employees, bartenders and any other serve employee receiving more than $20 per month in tips.

• As of January 1, 2015, the service rate increased to $3.00 per hour
• As of January 1, 2016, the service rate increases to $3.35 per hour
• As of January 1, 2017, the service rate increases to $3.75 per hour

But note that even for servers, these new service rates only apply if average hourly tips, when added to the service rate, equal at least the state minimum wage.

If you have any questions about the legislation or other minimum wage inquires, contact us today.

Variations on the Sick Leave Law

• Businesses employing more than 10 workers are required to provide paid sick leave;
• Businesses employing 10 workers or fewer are required to provide unpaid sick leave;
• Employee calculations include full time, part time and temporary workers;
• Sick leave accrues at a rate of one hour per 30 hours of work, with a maximum of 40 hours; and
• Sick leave cannot be used until employees have worked at least 90 hours.

Under the law, employees may use their accumulated sick to care for themselves or an immediate family member. Doctors’ appointments, home care and illness are all covered under the legislation. The law also includes a provision for victims of domestic violence who need to deal with psychological, physical or legal ramifications.

In 2014, Massachusetts voters passed a statewide earned sick time law aimed at expanding workforce protections in the private sector. The regulation took effect on July 1, 2015, requiring most employers to allow workers to accrue and use up to 40 hours of sick leave per year.

Paid vs. Unpaid Sick Leave Requirements

Employers with more than 10 workers must provide paid sick leave

• Employers with 10 or fewer workers must provide unpaid sick leave
• Worker count includes full-time, part-time, and temporary employees

Sick Leave Accrual & Eligibility Rules

Valid Reasons Employees Can Use Sick Time

Workers may use accrued leave for:

✔ Personal illness or injury
✔ Caring for an immediate family member
✔ Medical and doctor appointments
✔ Recovery that requires home care support
✔ Domestic violence situations, including physical, psychological, or legal assistance

Eligible situations involving domestic violence also cover time needed for court visits, counseling, medical treatment, and legal planning.

Key Workplace Protection Themes in the Law

• Eliminates loopholes based on unfair staffing structure
• Applies to extremely broad range of workers, including temporary staff
• Allows leave for both medical needs and safety-related emergencies
• Prevents employers from restricting use to employee-only illness
• Creates a compliance standard for transparent accrual tracking

This law reportedly makes Massachusetts only the third state mandating paid sick leave. If you have any questions about the legislation or additional sick leave questions, contact us today.

This legislation applies to employers with 50 or more workers, expanding protections beyond traditional leave frameworks in cases involving abusive environments or emergency intervention needs.

Permissible Uses of Protected Leave

Qualifying employees may seek leave for:

• Medical treatment and healthcare planning
• Psychiatric care, trauma-informed therapy, or professional counseling
• Filing for or obtaining court-issued protective orders
• Court appearances, hearings, or compliance proceedings
• Law-enforcement coordination or meetings
• Advocacy support involving immediate family members affected by abuse

These provisions acknowledge that abuse-related leave is not limited to physical harm but also includes psychological pressure, legal vulnerability, and family protection needs.

Employer Discretion and Leave Coordination

Under the statute:

• Employees must first exhaust accrued personal, vacation, or sick leave
• Employers may classify the leave as paid or unpaid, at their discretion
• The statute does not supersede collective bargaining agreements or policies that offer greater rights or longer leave benefits
• Leave cannot be denied automatically if eligibility conditions are met

The law aims to balance employer operational needs while preventing misuse as grounds for termination or discriminatory action against abuse victims.

Required Verification and Supporting Documentation

To validate the need for leave, employees may submit one or more of the following:

• Court-issued abuse protection or restraining orders
• Police reports or documented incident filings
• Medical records verifying physical or psychological treatment
• Formal statements from licensed counselors, social workers, legal advocates, or clergy members, signed under penalty of perjury

Employers may request verification only when reasonably necessary and cannot use confidential disclosures as justification for retaliation.

The Massachusetts legislature recently implemented legislation to assist victims of domestic violence with job protection when they require leave from work. The law applies to businesses employing 50 or more workers. It provides up to 15 days of leave during a 12 month period for employees who are victims of abusive behavior.

The leave can be used for the following situations:

• Medical care-giving;
• Psychiatric counseling;
• Securing a court protective order;
• Court appearances;
• Law enforcement meetings; and/or
• Any of these issues pertaining to abusive behavior against members of the employee’s immediate family.

Before taking this leave, the employee must utilize all available personal, vacation and sick leave. In addition, the employer maintains discretion in determining whether the leave is paid or not.

Employee Responsibilities

To prove eligibility for leave under this legislation, the employee must give the employer advanced notice when possible. If unplanned leave is taken under emergency circumstances, the employee’s lawyer, social worker or advocate must provide the employer with a written explanation within three days.

Employees must also provide supporting documentation to prove the existence of a domestic violence situation. This is accomplished with:

• A protective order;
• A police report;
• Medical documentation;
• A legal advocate; and
• Sworn statement from a counselor, social worker, shelter worker or clergy – signed under penalty of perjury.

If you have any questions about the legislation or any other employment leave questions for some reason, contact us today.

Massachusetts is moving toward one of the most significant overhauls to its noncompete framework, balancing worker mobility with economic growth incentives for companies operating in the Commonwealth.

Attorney Philip Gordon delivered formal testimony before Massachusetts Senators and House Representatives addressing the impact and intent of the proposed noncompete modernization bill.

The Massachusetts Senate passed the legislation by 32 votes to 7, signaling strong legislative support for narrowing enforcement conditions and strengthening rights for employees while maintaining structured protections for eligible companies.

The proposed changes to noncompete laws in Massachusetts would ban those clauses for workers classified as nonexempt under the Fair Labor Standards Act (FLSA). Exempt employees – typically, professionals, administrators or executives – would continue to be subject to noncompete clauses, but with more predictable results. 

Noncompetes now would last only for six months, and they would be valid only if limited to a predefined geographic region and specific employment duties. Thus, if an employee finds new employment after six months, in a different area, or with different responsibilities, they would be allowed to begin working immediately.

Other major changes include a requirement that advance notice of any noncompete be provided to individuals prior to employment, and that the clauses themselves be clear and specific.

Click here to view the latest version of Massachusetts Noncompete bill.

If you have any questions, please contact us.

Two crucial pieces of proposed legislation will be decided by July 31^st.  The proposals include a hike in the minimum wage to $11.00 and a ban on noncompete agreements. Both proposals are great news for employees.

If the legislation for the new minimum wage passes, then by January 1, 2017 the minimum wage in Massachusetts will be $11.00. Currently, the minimum wage is $8.00 and it would rise in increments until it reaches $11.00 in 2017. This will be the highest minimum wage of any state.

Some employers argue that noncompete agreements are necessary to protect trade secrets and intellectual property.  Yet, they also drain our state of some of its brightest talent, requiring those workers to move to states that restrict noncompetition agreements and benefitting companies in those states at the expense of our own.  New legislation, proposed as part of an economic stimulus package and supported by Governor Patrick, would ban noncompetes and restore our state’s base.

If you have any questions about the new proposals, contact us.